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Zoning Board of Adjustment MinutesTOWN OF SHELBURNE ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING NOVEMBER 04, 2002 MEMBERS PRESENT: Thomas Koerner, Chairperson; Boris Funtow, Milton Edelman, Steve Waltien. (Gwen Webster was absent.) STAFF PRESENT: Shannon Courville. OTHERS PRESENT: Gene Cartularo, Ken Cartularo, Dave Marshall, Douglas Viehmann, Linda Gilbert, Rob Donahue, Shelburne News. 1. OLD BUSINESS Mr. Koerner, Chairman, called the meeting to order at 7:00 p.m. and briefly reviewed the Department of Fish and Wildlife request for a continuance on the upgrade of the boating access area. Mr. Koerner also explained that with only four Board members in attendance, a tie vote (2-2) would result in a denial of an application. Applicants have the option to wait until the full Board is present to hear their application. Deliberations/decisions would occur in deliberative session. 2. NEW BUSINESS a) CU-V02-25, Gene Cartularo seeks conditional use approval under Shelburne Bylaw 1620.2.2 to modify a noncomplying structure at Buono Appetito’s. The proposal requires a variance under Sections 830.2.a, b and d Gene Cartularo and Ken Cartularo, owners, and David Marshall, agent, appeared on behalf of the application. STAFF REPORT Mr. Koerner reviewed that the two existing buildings and lot were non-complying and the proposed State of Vermont Route 7 re-construction project would negatively impact the noncomplying structures and lot. APPLICANT COMMENTS Mr. Cartularo stated a protest to the land attachment for the Route 7 construction project was made. Mr. Marshall submitted a colored site plan drawing and explained the following:
There was discussion regarding parking between the Econolodge and Buono Appetito, delineation between boundaries, parking in front being eliminated with the Route 7 widening project, parking spaces located in the rear of the buildings slightly in excess of current zoning requirements, and shared parking between three businesses. Mr. Cartularo noted that business owners were negotiating with VTrans on frontage areas, drainage and widening impacts. A variance request was based on reduced lot size. PUBLIC INPUT and BOARD COMMENTS Mr. Koerner read a letter from Gabriel Handy, Econolodge, dated 10/21/02, which identified concern for separation between property lines and blocking off access points between an existing cedar hedge. Mr. Koerner read criteria for a variance as outlined in the Staff Report and suggested the applicant discuss boundary issues with Mr. Handy. A proposal shall include a physical barrier to prevent cars from crossing properties. Mr. Marshall said he would like staff input regarding a proposed barrier and would also show the barrier location on the site plan. Mr. Cartularo agreed to talk with Mr. Handy. DELIBERATION/DECISION MOTION by Mr. Waltien, seconded by Mr. Funtow, regarding V02-25, to grant a variance for Buono Appetito Corporation, 3182 Shelburne Road, as set forth in the Staff Report with staff recommendations. DISCUSSION: Mr. Funtow suggested a combined motion for the conditional use and variance. Mr. Koerner clarified that a conditional use was related to the building, and the variance for the lot coverage which would include a condition for a barrier located in the north and northwest corner of the property to prohibit the applicant’s patrons from entering the Econolodge, subject to approval by the Zoning Administrator. AMENDMENT to the motion by Mr. Waltien, seconded by Mr. Funtow, to include a cedar hedge and/or curb in the north and northwest corner of the property to prohibit the applicant’s patrons from entering the Econolodge subject to approval by the Zoning Administrator. DISCUSSION ON AMENDMENT: Mr. Cartularo said that a cedar hedge and/or curb was agreeable as a condition, and would be drawn on the site plan. Mr. Waltien noted that an orange line delineating a proposed barrier location was already on the plans and would meet the conditions. VOTE ON MOTION FOR A VARIANCE AS AMENDED: unanimous (4-0); motion carried. There was discussion of the request for a conditional use to change a noncomplying structure. The entrance was re-located to the southeast side of the building, and windows would be raised due to snow and slush. The pitch of the roof would change in front as well. The seating and parking would remain the same. Signage would be worked out with staff in the future. PUBLIC COMMENTS There were no public comments. DELIBERATION/DECSION MOTION by Mr. Edelman, seconded by Mr. Waltien, regarding CU02-25, to grant conditional use approval of the request by Buono Appetito Corporation, 3182 Shelburne Road, subject to conditions as set forth in the Staff Report, and as shown on submitted site plans, dated 07/08/02, with reference to one page of elevations and two pages of floor plans, undated. Signage not included in approval would be taken under separate consideration. VOTE: unanimous (4-0); motion carried. Mr. Koerner advised Mr. Cartularo to contact the Zoning Administrator after a boundary discussion with Mr. Handy. Also, signage should be discussed with the Zoning Administrator. b) CU02-27 Richard Poston seeks conditional use approval under Shelburne Bylaw 320.12 for an accessory apartment at 5271 Spear Street Mr. Courville reported that Mr. Poston could not attend the meeting, but had requested the Board discuss and vote on the application. STAFF REPORT Mr. Courville explained the Zoning Administrator discovered the property owner did not have a permit for an existing apartment. The owner was notified that he needed conditional use approval for the apartment. The issue of when the apartment was put in was not discussed. BOARD COMMENTS There was discussion of the 600 square foot requirement per zoning regulations for an accessory apartment. An overall lot drawing showing setbacks is needed. Staff would contact Mr. Poston regarding the following items:
Tax rate issues were irrelevant to the application c) CU02-28 James, John and Douglas White seek conditional use approval under Shelburne Bylaw 1330.1-2 for an addition to 12 Silver Fox Cove Douglas Viehmann, agent, appeared on behalf of the application. STAFF REPORT It was noted a letter from Stephen Unsworth, neighbor, dated 10/21/02, in support of the White’s request for conditional use approval was received. APPLICANT COMMENTS Mr. Viehmann showed a colored site plan drawing of the existing shed and proposed addition to the barn, window change to the existing house and 100 foot setback. Mr. Viehmann explained that the existing structures were noncomplying. The shed would be enlarged. Trees have not grown into the shed and contractor bids have been received. The house would have a bay window on the east side, which would hang 2.8 feet within the side setback. The window was not on the lakeside, but would increase the noncompliance by 32 inches. No other changes were proposed. An existing sewer line on lake side would be replaced with a mound system. A relocated water line was shown as a blue line on the drawing and was on the White’s land. BOARD COMMENTS Regarding the variance, Mr. Funtow asked if the window side yard encroachment was addressed. Mr. Viehmann replied yes, the owners thought the window treatment was nice. Mr. Viehmann passed out a copy of an alternate site plan proposal showing a casement window under the roof versus a bay window. DELIBERATION/DECSION MOTION by Mr. Funtow, seconded by Mr. Koerner, to approve a variance for V02-28, 12, Silver Fox Cove Road, as proposed for a bay window on an existing nonconforming structure with existing bedroom windows with conditions as set forth in the Staff Report. VOTE: 0 ayes, 4 nays; motion did not carry. STAFF REPORT re:Conditional Use Mr. Koerner reviewed that the application for conditional use met height and lot coverage requirements and was an improvement to the property. APPLICANT COMMENTS Mr. Viehmann explained that the proposed mound system was a “digestive” system, which was a space saver. DELIBERATION/DECSION MOTION by Mr. Waltien, seconded by Mr. Edelman, to approve the CU02-28 conditional use request under Article XVI, General Regulations, Section 1620.2.2, Noncomplying Structures, and Article XIII, Lakeshore Overlay District, Section 1330.1.2 Additions to existing nonconforming structures. Specifically, the applicant proposes a bay window, a 226 square foot addition to the garage and a 1935 cubic foot addition to the shed, subject to conditions set forth in the Staff Report, amended to accept the window change as proposed on SK-3, dated 10/29/02. VOTE: unanimous (4-0); motion carried. d) A02-29 request for approval under the Town of Shelburne Zoning Bylaw section 1680.12 to display various temporary signs throughout the year at the Sirloin Saloon, without obtaining temporary sign permits under Section 1680.3d of the Town of Shelburne Zoning Bylaws Linda Gilbert, Sirloin Saloon Marketing Director, appeared on behalf of the application. STAFF COMMENTS Mr. Koerner read a memo from the Town Manager, dated 10/29/02, and asked if there were signs on the bears. Ms. Gilbert explained that the bears were used for the last 15-16 years and were dressed appropriately for holiday and community events. APPLICANT COMMENTS Ms. Gilbert explained that a call was received from the Zoning Administrator regarding a sign advertising a Haunted Forest in September. The sign was taken down, but the bears continued to wear the costumes. The bears were not dressed for businesses or political events. Small signs on either side of the bears stay up for one week per event. There were times when no signs appear. Ms. Gilbert said she was there to appeal denial of a sign application. There was discussion regarding Section 1680.12b, last paragraph, related to leeway for non-profit signs on some other property, permits required for each temporary sign, whether the bears were classified as signs (they had no writing), Section 1680.3f paragraph that allow waivers for temporary signs of a civic, philanthropic, or non profit nature, and the size of a sign allowed under free standing signs, page 72 of the Sign Regulations. Ms. Gilbert would submit a “bear use list” to the Town Manager’s office. DELIBERATION/DECISION MOTION by Mr. Edelman, seconded by Mr. Funtow, to approve the request by the Sirloin Saloon, A02-29, to permit the applicant to place exterior temporary signs under the Town of Shelburne Zoning Bylaw section 1680.12 and to display various temporary signs throughout the year at the Sirloin Saloon without obtaining temporary sign permits under section 1680.3d of the Town of Shelburne Zoning Bylaws with the following conditions: 1. Within sixty (60) of this approval the property owner shall record a “MEMORANDUM OF MUNICIAPL ACTION” with the Shelburne Town Clerk’s office. This document will notify future property owners of the approval and conditions. 2. In accordance with the philosophy set forth in the Town of Shelburne Sign Regulations, the applicant shall be allowed one (1) on-premise exterior temporary sign, not to exceed twelve (12) square feet in area per face and having no more than two (2) faces. 3. Such signs shall be removed promptly upon termination of the event being advertised and shall be displayed for a period not to exceed thirty (30) days within any calendar year per sign. VOTE: unanimous (4-0); motion carried. Mr. Koerner noted the appeal was approved, but advised keeping within the guidelines. The Board signed the documents. 3. ADJOURNMENT The Chair adjourned the public hearing portion of the meeting at 9:20 p.m. Minutes respectfully submitted by Kathlyn L. Furr, Recording Secretary. These minutes are subject to correction by the Zoning Board of Adjustment. Changes, if any, will be recorded in the minutes of the next meeting of the Zoning Board of Adjustment. Dated at Shelburne, Vermont this 2nd day of December, 2002 for the meeting of November 4, 2002. Tom Koerner, Chairman Boris Funtow Milton Edelman Steve Waltien Gwen Webster Zoning Board of Adjustment Minutes February 2002 Zoning Board of Adjustment Minutes March 2002 Zoning Board of Adjustment Minutes April 2002 Zoning Board of Adjustment Minutes May 2002 Zoning Board of Adjustment Minutes June 2002 Zoning Board of Adjustment Minutes July 2002 Zoning Board of Adjustment Minutes August 2002 Zoning Board of Adjustment Minutes September 2002 Zoning Board of Adjustment Minutes October 2002 Zoning Board of Adjustment Minutes November 2002 Zoning Board of Adjustment Minutes December 2002 Zoning Board of Adjustment Minutes |
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